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2023 Supreme(All) 1400

ALOK MATHUR
U. P. Cooperative Federation Limited through its Managing Director – Appellant
Versus
Presiding Officer, Industrial Tribunal (2), U. P. Lucknow – Respondent


JUDGMENT :

1. The award passed by U.P. Industrial Tribunal, Lucknow dated 23.4.2011 has been questioned by the petitioner, wherein the claim of the respondent-employee has been allowed, and his order of termination has been set aside and the petitioners have been directed to reinstate him in service with effect from 1.1.1985 and he has also been held entitled to 50 per cent back wages.

2. The petitioner has also challenged the order dated 9.3.2010 whereby the preliminary objection raised by the petitioner with regard to the jurisdiction of the Industrial Tribunal to decide the dispute pertaining to the cooperative society has been rejected.

3. The facts in brief necessary for adjudication of the present controversy are that respondent No.3-employee, namely, Ajay Kumar Mishra was appointed on adhoc basis for 89 days with effect from 16.2.1982. His employment was extended from time to time till 31.12.1984 after which he was not allowed to continue in service.

4. Aggrieved by the action of the petitioner in terminating his services he moved Conciliation Officer under U.P. Industrial Tribunals Act, 1947. On failure of the conciliation proceedings the matter was referred for adjudication by

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